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Street trading and outdoor dining

What is street trading?

Street trading is where an individual, organisation or business sells or offers for sale goods, merchandise or services including food and portable signs on a regular or permanent basis.

Devonport City Council recognises street trading as an important factor for businesses that adds to the colour and vibrancy of our city streets.  We are however also aware that we need to ensure that we have a city which is safe and easy to move around in.

Street trading is regulated under a By-law and supported by policies and guidelines to help regulate the on street activities within the Devonport central business district, as attached below.

For further information or advice you can contact Council’s Environmental Health Department on 03 6424 0511 or email [email protected]

Apply/renew Street Trading License

Use this form to apply or renew your street trading license online.

Street Trading FAQ:

The following information is required from an applicant when submitting an application to Council for a Street Trading Licence:

· Completed Street Trading Application Form

· Application Fee:

  • A fee is payable to Council for the assessment of the application and preparation of the license.

· Public Liability Insurance:

  • A current copy of public and products liability insurance for the sum of $20 Million.

· Site Plan of Existing Conditions:

  • A plan at scale 1:100 accurately showing the width of the building frontage and of the footpath from the outside edge of the kerb to the building lines, types of adjacent properties, existing trees, light poles, signs, existing street furniture, service pits etc. All dimensions associated with the footpath area should be shown.

· Site plan of Proposed Footpath Activity:

  • A plan at scale 1:100 accurately showing the area and layout of the proposed footpath activity. This may include the proposed location of chairs, tables, screens, heaters, umbrellas, advertising signs etc.

· Photographs of the site:

  • To clearly show proposed street trading zone relative to buildings and existing features in the street trading zone.

· Details of Furniture (where applicable):

  • Colour photographs or detailed design drawings of proposed furniture to be used including screens, planter boxes, heaters and market umbrellas.

· Details of Advertising (where applicable):

  • A colour photograph or detailed design drawings of the proposed advertising logo and clear indication of its size and location within the trading zone.

Failure to submit all the above details may result in delays in processing the application.

On receiving an application Council staff will:

· Check that all relevant information has been received.

· Check the application to ensure it meets the intent and requirements of the Street Trading By-law, policy and guidelines.

· Inspect the site and check accuracy of submitted plans.

· Undertake an assessment of the application.

· Assess requests for permanent structures (if applicable) and make a recommendation to the General Manager.

· Approve or refuse the application.

· Formally advise the applicant of Council’s decision.

Licence holders must submit an application in writing for any amendments to their existing licence. Amendments may include changing furniture design, adding furniture or increasing advertising.

The Council will advise the licence holder within 3 weeks of their decision on the amendment.

Licences are not transferable between businesses or if a business is sold. The new operator would need to apply to Council for a new licence.

Licences for Street Trading are issued annually at the beginning of the financial year (July) and must be renewed annually.

Prior to expiry of the current licence, the licence holder will receive written notification from the Council advising that the licence is due for renewal.

It is the responsibility of the licence holder to ensure all renewal details including public liability; amendments and fees are forwarded to the Council with the renewal application.

A licence expires if the licensee ceases to maintain public liability insurance or to meet any of the conditions of the licence and the street Trading Policy.

If a licence is revoked for any non-compliance issue and the applicant wishes to re-apply the full fee will apply.

Upon detection of a breach of Council’s Street Trading Policy or By-Law, Council may issue:

· Written Notice to comply – first and final warning with time limit for addressing the notice.

· An Infringement Notice of 5 penalty units – a fine for non-compliance with the Notice to comply.

· Further fines or license suspended for a minimum period of 12 months and/or prosecution.

· Council may impound any items on the footpath that do not comply with the Council’s Street Trading By-law and Policy or any conditions placed on the License.

· Second and subsequent fines will be issued without additional warning for further acts of non-compliance.

· Incidents of non-compliance will be noted on a permit holders file and will be taken into consideration in delivering an appropriate penalty at a later date should further incidents of non-compliance be noted.

· Incidents of non-compliance will be taken into consideration when requests to vary or add to a permit are considered for approval

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